- (1.) Applicant Muneshwar Bux Singh lodged a report against his brother-in-law Raghunandan Prasad, who is the opposite party in this case, that a motor lorry registered as UPJ 156 which belonged to him has been stolen by Raghunandan Prasad. The police investigated this report and seized this motor lorry from the possession) of Raghunandan Prasad. While investigating the case it found that the dispute between Muneshwar Bux Singh and Raghunandan Prasad was of a civil nature and, therefore, a final report was submitted in this case and no prosecution was launched.
(2.) On the directions of the Superintendent of Police the recovered lorry was produced before Sri K. M. Ray, a Magistrate, presumably for a proper order to be passed under Section 523, Criminal P. C. Raghunandan Prasad applied to the Magistrate that the lorry should be returned to him. This application was filed by him on 18-7-1951 and the Magistrate asked for a report from the police. The police reported that the lorry may be returned to Raghunandan Prasad on his furnishing proper security. The learned Magistrate thereupon released the lorry in favour of Raghunandan Prasad on 19-7-1951, on his furnishing the: security demanded from him. This order dated 197- 1951 shall be referred by us as Order I in the rest of this decision.
(3.) Four days later on 23-7-1951, Muneshwar Bux Singh filed an application before Sri K. M. Ray alleging that although a final report has been submitted in this case, the applicant can produce satisfactory evidence about his ownership of the lorry and, therefore, the order of release passed in favour of Raghunandan Prasad may be withdrawn and the police may be asked to reconsider the case in the light of the evidence which was in his possession. Nest day, that is on 24-7-1951, Sri K. M. Ray passed the following order on this application:- "S. O. Kotwali please make a further inquiry and report if evidence of ownership is available as stated by the applicant. My previous order for release of the truck may be held in abeyance." The police thereupon submitted a report on 30-7-1951 and this time it recommended that the lorry should be given back to Muneshwar Bux Singh. The learned Magistrate thereupon on 31-7-1951, ordered that this lorry should be handed? over to Muneshwar Bux Singh. We will refer to this order as IInd order in the rest of this decision. This time no security was taken from Muneshwar Bux Singh.;